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HomeMy WebLinkAboutcc min 1969/11/18 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA Held Tuesday November 18, 1969 A regular meeting of the City Council of the City of Chuta Vista was held in the Council Chamber on the above date at 7:00 P.M., with the following Coun- cilmen present: Councilmen Sylvester, Hamilton, McAllister, Scott Absent: None Also present: Attorney Clifton Reed, substituting for City Attorney Lindberg, Administrative Officer Thorn, City Engineer Cole, Planning Director Warren Mayor pro rem Hamilton led the pledge of allegiance to the Flag, followed by a moment of silent prayer. APPROVAL OF COUNCIL MINUTES It was moved by Councilman McAllister, seconded by Councilman Scott, and carried that the minutes for the meeting of November 4, 1969, be approved, copies having been sent to each of the Councilmen. PUBLIC HEARING - Consideration of proposed rezoning from R-1 to R-3-T and C-N for property located north of Telegraph Canyon Road between Hilltop Drive and "L" Street This being the time and place, as advertised, for a hearing on the pro- posed rezoning from R-1 to R-3-T and C-N for property located north of Telegraph Canyon Road between Hilltop Drive and "L" Street, Mayor pro tem Hamilton declared the hearing open. Mr. C. R. Pasquale, representing the Gersten Construction Company, appli- cant for the rezoning, together with Mr. Ron Calhoun, their Planning Engineer, spoke in favor of the rezoning, showing plats and site plans for their Planned Unit Development. Speaking in opposition to the rezoning were George Laury, 156 East Millan Street, Troy Kimbrough, 337 Inkopah Street, James Guerling, 381 East Millan Street, Paul Sutton, 112 E1 Capitan Drive, Robert Mullin, 191 East Millan Street, Bill Mahin, 797 Monserate Avenue, Ken Davenport, 337 Inkopah Street, William Daniel, 140 East Millan Street, Bruce Tager, 194 East Millan Street and Mrs. Elmer Myers, 103 E1 Capitan Drive. Mr. H. A. Freer, 171 E1 Capitan Drive, stated he was substituting for Mr. Frank Myers, and represented property owners in the area and the Seaview Property Owners Association, in opposition to the rezoning. No others wishing to be heard and the Clerk having received no written communications, Mayor pro rem Hamilton declared the hearing closed. It was moved by Councilman Scott, and seconded by Councilman Hamilton that the City Attorney be directed to draw up two separate ordinances, one to cover the proposed R-3-T zone and the other to cover the C-N zone. The motion failed with Councilmen Sylvester and McAllister voting no. Planning Director Warren stated that the Planning Commission action on the rezoning was separate and they had so directed. It was inadvertent that the two parcels were included in the same ordinance. It was moved by Councilman Sylvester, seconded by Councilman Hamilton, and carried that the motion of Councilman Scott be reconsidered. ORDINANCE NO. 1241 - Rezoning certain property north of Telegraph Canyon Road between Hilltop Drive and "L" Street from R-1 to R-3-T - First reading It was moved by Councilman Sylvester that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion was carried by the following vote, to-wit: AYES: Councilmen Sylv~ster, Hamilton~ McAllister, Scott Noes: None Absent: None HEARING REOPENED - Proposed rezoning to C-N of 7.9 acres north of Telegraph Canyon Road and east of the proposed extension of Nacion Avenue Because the Council chose to take separate action on the rezoning of property north of Telegraph Canyon Road, between Hilltop Drive and "L" Street, Mr. C. R. Pasquale, representing the Gersten Construction Company, requested that the hearing be reopened on that portion pertaining to the C-N zoning. Mayor pro rem Hamilton declared the hearing reopened for testimony on the C-N zoning only. Mr. Jerry King, Newport Beach.shopping center developer, spoke in favor of the rezoning to C-N. Speaking in opposition to the commercial zoning were James Guerling, 381 East Millan Street and Robert Mullin, 191 East Millan Street. No others wishing to be heard, the Mayor declared the hearing closed. ORDINANCE - Rezoning 7.9 acres north of Telegraph Canyon Road, east of the pro- posed extension of Nacion Avenue from R-1 to C-N - First reading It was moved by Councilman McAllister that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion failed to carry by the following vote, to-wit: AYES: Councilmen McAllister, Sylvester Noes: Councilmen Scott, Hamilton Absent: None It was moved by Councilman Scott, seconded by Councilman Sylvester, and carried that the ordinance on the C-N zone be referred back to the Planning Com- mission for further study. PUBLIC HEARING - Consideration of amendment to Administrative Procedures section of the Zoning Ordinance - Establishing Zoning Board Planning Director Warren requested that the hearing be continued to cor- rect inconsistencies in the proposed ordinance. This being the time and place, as advertised, for a hearing on a proposed amendment to the Administrative Procedures section of the Zoning Ordinance to establish a Zoning Board, Mayor pro rem Hamilton declared the hearing open. Mr. Eugene York, 280 "K" Street, requested that the hearing be continued and copies of the proposed ordinance made available to developers in the area for their comments. It was moved by Councilman McAltister, seconded by Councilman Scott, and carried that the hearing be continued until December 16, 1969 at 7:00 P.M., and that the staff bring in a report on the comparison of our fees with those of the surrounding cormnunities. PUBLIC HEARING - City's intention to vacate a portion of "C" Street This being the time and place, as advertised, for a hearing on the pro- posed vacation of a portion of "C" Street in Lot 2, ~ Section 135~ Mayor pro tem Hamilton declared the hearing open. No one wishing to be heard and the Clerk having received no written communications, the Mayor declared the hearing closed. RESOLUTION NO. 5419 - Ordering vacation of a portion of "C" Street Offered by Councilman Sylvester, the reading of the text was waived by unanimous consent, passed and adopted by the following rot% to-wit: AYES: Councilmen Sylvester, Hamilton, McAllister, Scott Noes: None Absent: None PUBLIC HEARING - City's intention to vacate a portion of Fig and Guava Avenues and Memorial Way This being the time and place, a~ adv~tisod, fo~ a hearing on the pro- posed vacation of a portion of Fig and Guava Avenues and Memorial Way, all within the Civic Center site~ Mayor pro tam Hamilton declared the bearing open. No one wishing to be heard and the Clerk having received no written communications, the Mayor declared the hearing closed. RESOLUTION NO. 5420 - Ordering vacation of a portion of Fig and Guava Avenues and Memorial Way Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None ~/'PUBLIC HEARING - City's intention to impose rules governing the movement of vehicles on parking lot at intersection of Otay Lakes Road and Gotham Street This being the time and place, as advertised, for a hearing on the inten- tion of the City to impose rules governing the movement of vehicles on parking lot at intersection of Otay Lakes Road and Gotham Street, Mayor pro rem Hamilton declared the hearing open. No one wishing to be heard and the Clerk having received no written communications, the Mayor declared the hearing closed. It was moved by Councilman MoAllister, seconded by Councilman Scott, and carried that the City Attorney be directed to prepare, for the next meeting, the necessary resolution to impose the rules governing movement of vehicles on the parking lot. PUBLIC HEARING - Consideration of rezoning from C-T to R-3-H for property at 288 "F" Street This being the time and place, as advertised, for a hearing on the pro- posed rezoning from C-T to R-3-H for property at 288 "F" Street, Mayor pro rem Hamilton declared the hearing open. Mr. Paul Miller, 350 '~" Street, spoke in favor of the rezoning. A letter was read from the Downtown Association whole- heartedly endorsing the rezoning. No others wishing to be heard, the Mayor declared the hearing closed. ORDINANCE NO. 1242 - Rezoning property at 288 "F" Street from C-T to R-3-H - First reading It was moved by Councilman Sylvester that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion was carried by the following vote, to-wit: AYES: Councilmen Sytvester, Hamilton, McAllister, Scott Noes: None Absent: None Councilman Scott was of the opinion a feasibility study should be made on the necessity for enlarging the Norman Park Center in the future because of the proposed apartment building for senior citizens on adjacent property. ORDINANCE NO. 1243 - Amending City Code relating to regulations and licensing of insurance salesmen - First reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion was carried by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None ORDINANCE NO, 1544 - Amending City Code to allow a reduction in swimming pool fence heights for adult-occupied apartment complexes - First reading It was moved by Councilman Scott that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion was carried by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None ORDINANCE NO. 1245 - Providing for enclosures for roof-top operating equipment - First reading It was moved by Councilman Sylvester that this ordinance be placed on its first reading and that reading of the text be waived by unanimous consent. The motion was carried by the following vote, to-wit: AYES: Councilmen Sylvester, Hamilton, McAllister, Scott Noes: None Absent: None ILESOLUTION NO. 5421 - Approving waiver of full compliance with Swimming Pool Fencing Ordinance - 2S5 Woodlawn Avenue Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5422 - Approving waiver of full compliance with Swimming Pool Fencing Ordinance - 442 "F" Street Offered by Councilman Scott, the reading of the text was waived by unan- imous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5423 - Approving waiver of full compliance with Swimming Pool Fencing Ordinance - 4075-4125 Bonita Road Offered by Councilman Scott, the reading of the text was waived by unani- mous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5~24 - Approving waiver of full compliance with SwimminE Pool Fencing Ordinance - 122 Third Avenue Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5425 - Withdrawing Kovar's Sweetwater Valley Annexation from the Bonita-Sunnyside Fire Protection District Offered by Councilman McAllister, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen EcAllister, Scott, Sylvester, Hamilton Noes: None Absent: None RESOLUTION NO. 5426 - Amending agreement between the City and Victor Wulff for architectural services - Loma Verde Park-School pool Offered by Councilman Sylvester, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Sylvester, Hamilton~ McAllister, Scott Noes: None Absent: None RESOLUTION NO. 5427 - Approving agreement for participation in certain alley improvements adjacent to property located at 556, 560 and 564 "G" Street Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, MeAllister Noes: None Absent: None RESOLUTION NO. 5428 - Accepting tree easements on "H" Street - Gas Tax Project No. 96 Offered by Councilman McAllister, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Sylvester, Scott, Hamilton Noes: None Absent: None RESOLUTION NO. 5429 - Quitclaiming previously vacated right-of-way along a por- tion of Third Avenue Offered by Councilman Sylvester, the reading of the text was waived by unanimous consent~ passed and adopted by the following vote, to-wit: AYES: Councilmen Sylvester, }{amilton, McAllister, Scott Noes: None Absent: None RESOLUTION NO. 5430 - Accepting lien agreement for deferment of public improve- ments at 547 Fourth Avenue Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote~ to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5431 - Declaring City's intention to impose traffic regulations - Bonita Village Shopping Center Offered by Councilman McAllister, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Scott, Sylvester, Hamilton Noes: None Absent: None RESOLUTION NO. 5432 - Approving agreement with State Division of Highways for construction of an interchange at "J" Street and I-5 Freeway Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott~ Sylvester, Hamilton, McAllister Noes: None Absent: None RESOLUTION NO. 5433 - Approving agreement with State Division of Highways for installation of a sewer crossing at I-5 Freeway and "G" Street Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester~ Namilton~ McAltister Noes: None Absent: None RESOLUTION NO. 5434 - Accepting bids and awarding contract for construction of rest rooms at General Roca Park Offered by Councilman Mc. Allister, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen McAllister, Scott, Sylvester, Hamilton Noes: None Absent: None RESOLUTION NO. 5435 - Approving agreement for sewer hook-up - 321 Hilltop Drive Offered by Councilman Scott, the reading of the text was waived by unan- imous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Scott, Sylvester, Hamilton, MeAllister Noes: None Absent: None RESOLUTION NO. 5436 - Approving joint powers agreement with the Chula Vista City School District and Sweetwater Union High School District relating to the construction of Loma Verde Park swirmning pool and recreational facility Offered by Councilman Sylvester, the reading of the text was waived by unanimous consent, passed and adopted by the following vote, to-wit: AYES: Councilmen Sylvester, Hamilton, McAllister, Scott Noes: None Absent: None REQUEST FOR DRIVEWAY WIDTH VARIANCE Upon unanimous consent, this item was added to the agenda. Mayor pro tam Hamilton vacated his seat at the Council table because the item to be dis- cussed pertained to him. He asked that Councilman Scott take the chair. City Engineer Cole stated that a request has been received from Mayor pro tam Hamilton for a variance to the ordinance which regulates the amount of frontage that can be utilized for driveway purposes for property at 501 Third Avenue, the driveway being on "H" Street. The request is for an 84-foot drive- way across the entire property starting 14 feet east of the new traffic signal standard at Third and "H" Street. Because of the feared traffic hazard, the staff recommended denial. After discussion, it was moved by Councilman McAllister and seconded by Councilman Sylvester that the City Attorney be directed to prepare the necessary resolution granting the driveway variance. The motion failed with Councilmen Sylvester and Scott voting no. REPORT FROM MAYOR'S GARDEN PARK COMMITTEE A written report was submitted from Councilman Scott, Chairman of the Mayor's Garden Park Committee, stating that studies by the Committee show there is a definite need for a garden park in the City and that a potential site has been offered by Southwestern College. The Committee requested direction from the Council as to the next step. It was moved by Councilman McAllister~ seconded by Councilman Sylvester, and carried that the matter be placed on a future agenda for report from the staff and Council consideration. ~/,~REqUEST FORLAND FOR PARKING SPACE Administrative Officer Thorn stated a request has been received from the Bonita-Sunnyside Fire Protection District for the City to lease or sell them land for use as additional parking. Councilman Scott stated a study has already been authorized on feasibility of establishment of a Fire Station in the Bonita area, but he would consider the possibility of leasing some land to the District. Mr. Thorn, unaware of this action taken prior to his employment with the City, stated the staff would go ahead with the study as authorized and also bring the Council data pertinent to the leasing of land to the District. AGREEMENT WITH ARCHITECTS FOR YOUTH CENTER AUTHORIZED Administrative Officer Thorn stated that $10,000 has been budgeted for architectural fees for the design of a youth community center facility. The arch- itectural firm of Richard Laraau has been recommended for the project by the arch- itectural subcommittee. Mr. Thorn asked that the Council authorize preparation of an agreement with this firm. It was moved by Councilman Sylvester, seconded by Councilman Scott, and carried that the City Attorney be directed to prepare the appropriate agreement and resolution engaging the firm of Richard Lareau and Associates with the provi- sion that no work will be started until a site for the facility has bean selected. PRESENTATION BY FRIENDS OF LIBRARY AUTHORIZED Administrative Officer Thorn stated that the program committee of the Friends of the Library are desirous of presenting a slide program depicting itibrary services and activities to the Council in the near future~ at a regular Council meeting, if possible° The Council agreed that the program could be slated for a future Council agenda. APPOINTMENT TO ECONOMIC DEVELOPMENT COMMISSION OF MEMBERS It was moved by Councilman Scott, seconded by Councilman McAllister, and carried that due to the lateness of the hour, this item be held over until the next meeting. Mayor pro tem Hamilton voted no. ~/' REQUEST FOR BUS SERVICE Letters were read from Mrs. Richard Donovan~ Sr., and Mrs. Maurice Fennell asking that the Council consider inter-city bus service. INVITATIONS A letter was read from Sidney Oornell, 200th Anniversary Committee repre- sentative, inviting Councilmen and families to attend the "First Annual Salute to the Americas" to be held at the Norman Park Center on December Y, 1969 at 2:00 P.M. Mayor pro tem Hamilton stated the Committee has asked that the City provide two sheet cakes for the gathering. A letter was read from the Parks and Recreation Department inviting Coun- cilmen to attend the official ground-breaking of the Loma Verde Pool-0ommunity Center on November 23, 1969 at 2:00 P.M. RECOMMENDATION ON SPANISH CLASSES A letter was read from the Human Relations Commission recommending that the City institute an intensive course in conversational Spanish for City employees to be conducted during working hours on a voluntary basis. It was moved by Coun- cilman Scott~ seconded by Councilman McAllister~ and carried that the matter be referred to the staff. ~/~ REQUEST FOR RECONSIDERATION OF ACTION ON PURCHASE OF PARK LAND A letter was read from the Planning Commission requesting that the Council reconsider their earlier action declining to purchase 22.5 acres south of Sweet- water Road, east of Bonita Verde~ for park purposes. They asked that the Council take immediate action to acquire this acreage as recommended in the Chula Vista Plan. It was moved by Councilman Scott~ seconded by Mayor pro rem Hamilton, and carried that the Council reconsider their former action. ~/. CLAIMS FOR DAMAGES DENIED Verified claims for damages were read from Christina and Jack Holmes and Vera Estabrook in the amount of $10,000 each for alleged false arrest. It was moved by Councilman Sylvester, seconded by Councilman Scott, and carried that the claims be denied. REQUES.T THAT THE COUNCIL BALLOT FOR MAYOR AT THIS MEETING A letter was read from Mr. Hubert Christensen, and Mr. Ghristensen also appeared in person, requesting that the Council ballot publicly at this meeting for the selection of the new mayor. Mr. Christensen was informed that the Council would ballot in public when they were through deliberating on the matter. / REQUEST FOR MORE POLICEMEN Mr. Herbert Hillson, 537 Hilltop Drive, requested that the Council take action to hire more police officers because of the increase in the use of narcotics in the area. ~. REPRESENTATION AUTHORIZED AT HEARINGS Councilman McAllister stated that Assemblyman John Knox ~s Chairman of a Committee conducting hearings on Intergovernmental Cooperation and Eminent Domain of Cities and Counties to acquire open space on November 25 and 26 in the State Building in San Diego. He asked if the Council wished representation at the hear- ings. It was moved by Councilman Scott, seconded by Mayor pro tem Hamilton, and carried that Councilman McAllister represent the City at the hearings. P. ESERVATIONS FOR HOSPITALITY ROOM CANCELLED It was moved by Councilman Scott, seconded by Councilman Sylvester, and carried that the ~uite reserved at the Stardust for use as a hospitality room for Councilmen and staff during the National League of Cities Convention in San Diego, be cancelled. CITY TO PRE-REGISTER FOR ALL COUNCILMEN ATTENDING CONVENTION The Council concurred with Mayor pro tem Hamilton that the City should pre-register for all Councilmen attending the National League of Cities Conven- tion. AD J OUP. NMENT Mayor pro rem Hamilton adjourned the meeting at 11:25 P.M., sine die. -- x~__j ~ City Clerk